Illinois General Assembly - Full Text of HB1271
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Full Text of HB1271  97th General Assembly




HB1271 EnrolledLRB097 06105 CEL 46178 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Professional Regulation Law of
5the Civil Administrative Code of Illinois is amended by adding
6Section 2105-165 as follows:
7    (20 ILCS 2105/2105-165 new)
8    Sec. 2105-165. Health care worker licensure actions; sex
10    (a) When a licensed health care worker, as defined in the
11Health Care Worker Self-Referral Act, (1) has been convicted of
12a criminal act that requires registration under the Sex
13Offender Registration Act; (2) has been convicted of a criminal
14battery against any patient in the course of patient care or
15treatment, including any offense based on sexual conduct or
16sexual penetration; (3) has been convicted of a forcible
17felony; or (4) is required as a part of a criminal sentence to
18register under the Sex Offender Registration Act, then,
19notwithstanding any other provision of law to the contrary, the
20license of the health care worker shall by operation of law be
21permanently revoked without a hearing.
22    (b) No person who has been convicted of any offense listed
23in subsection (a) or required to register as a sex offender may



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1receive a license as a health care worker in Illinois.
2    (c) Immediately after an Illinois State's Attorney files
3criminal charges alleging that a licensed health care worker,
4as defined in the Health Care Worker Self-Referral Act,
5committed any offense for which the sentence includes
6registration as a sex offender; a criminal battery against a
7patient, including any offense based on sexual conduct or
8sexual penetration, in the course of patient care or treatment;
9or a forcible felony; then the State's Attorney shall provide
10notice to the Department of the health care worker's name,
11address, practice address, and license number and the patient's
12name and a copy of the criminal charges filed. Within 5
13business days after receiving notice from the State's Attorney
14of the filing of criminal charges against the health care
15worker, the Secretary shall issue an administrative order that
16the health care worker shall immediately practice only with a
17chaperone during all patient encounters pending the outcome of
18the criminal proceedings. The chaperone must be a licensed
19health care worker. The chaperone shall provide written notice
20to all of the health care worker's patients explaining the
21Department's order to use a chaperone. Each patient shall sign
22an acknowledgement that they received the notice. The notice to
23the patient of criminal charges shall include, in 14-point
24font, the following statement: "The health care worker is
25presumed innocent until proven guilty of the charges.". The
26licensed health care worker shall provide a written plan of



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1compliance with the administrative order that is acceptable to
2the Department within 5 days after receipt of the
3administrative order. Failure to comply with the
4administrative order, failure to file a compliance plan, or
5failure to follow the compliance plan shall subject the health
6care worker to temporary suspension of his or her professional
7license until the completion of the criminal proceedings.
8    (d) Nothing contained in this Section shall act in any way
9to waive or modify the confidentiality of information provided
10by the State's Attorney to the extent provided by law. Any
11information reported or disclosed shall be kept for the
12confidential use of the Secretary, Department attorneys, the
13investigative staff, and authorized clerical staff and shall be
14afforded the same status as is provided information under Part
1521 of Article VIII of the Code of Civil Procedure, except that
16the Department may disclose information and documents to (1) a
17federal, State, or local law enforcement agency pursuant to a
18subpoena in an ongoing criminal investigation or (2) an
19appropriate licensing authority of another state or
20jurisdiction pursuant to an official request made by that
21authority. Any information and documents disclosed to a
22federal, State, or local law enforcement agency may be used by
23that agency only for the investigation and prosecution of a
24criminal offense. Any information or documents disclosed by the
25Department to a professional licensing authority of another
26state or jurisdiction may only be used by that authority for



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1investigations and disciplinary proceedings with regards to a
2professional license.
3    (e) Any licensee whose license was revoked or who received
4an administrative order under this Section shall have the
5revocation or administrative order vacated and completely
6removed from the licensee's records and public view and the
7revocation or administrative order shall be afforded the same
8status as is provided information under Part 21 of Article VIII
9of the Code of Civil Procedure if (1) the charges upon which
10the revocation or administrative order is based are dropped;
11(2) the licensee is not convicted of the charges upon which the
12revocation or administrative order is based; or (3) any
13conviction for charges upon which the revocation or
14administrative order was based have been vacated, overturned,
15or reversed.
16    (f) Nothing contained in this Section shall prohibit the
17Department from initiating or maintaining a disciplinary
18action against a licensee independent from any criminal
19charges, conviction, or sex offender registration.
20    (g) The Department may adopt rules necessary to implement
21this Section.
22    Section 99. Effective date. This Act takes effect 30 days
23after becoming law.